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2. Discuss the concepts of natural law, natural rights, and legal positivism with reference to the U.S. Constitution and American concepts of individual rights (and
2. Discuss the concepts of natural law, natural rights, and legal positivism with reference to the U.S. Constitution and American concepts of individual rights (and the Declaration of Independence. Give a reasoned answer 3. Discuss the concept of judicial review, including any relevant court cases and the external and internal limitations on the exercise of judicial review by U.S. courts. Give a reasoned answer. How does it act as a check and balance for the other branches of government? Objective: Intro. and Ch. 1, 2, and 3, Natural law and natural rights; legal positivism Federalists and Anti-Federalists; 3/5 Compromise; John Marshall John Locke; Baron Montesquieu. Concepts in interpretation originalism, "living Constitution; stare decisis; Constitutional ends/means discussed at the end of Ch. 1. Federal Jurisdiction: case or controversy, federal question, diversity, Structure of U.S. Supreme court. Writ of certiorari ; Judiciary Act of 1789; Ripeness, mootness, standing, political question doctrine, non-justiciable issues Other external means of limiting judicial review: Marbury v. Madison, McCulloch v. Maryland, Ashwander v. TVA and the Ashwander rules, judicial restraint, Mandamus, habeas corpus, contempt of inherent powers of courts
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